I 

116TH CONGRESS 

1ST SESSION H. R. 3008 

To amend title 23, United States Code, to establish national standards relating to sanctions for individuals who drive a motor vehicle, with a child 

passenger in the vehicle, while intoxicated or impaired, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2019 

Miss RICE of New York introduced the following bill; which was referred to 

the Committee on Transportation and Infrastructure 

A BILL 

To amend title 23, United States Code, to establish national 

standards relating to sanctions for individuals who drive 

a motor vehicle, with a child passenger in the vehicle, 

while intoxicated or impaired, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prevent Impaired Driv5 ing Child Endangerment Act’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HR 3008 IH

1 SEC. 2. SANCTIONS FOR INDIVIDUALS DRIVING WITH 

2 CHILD PASSENGERS WHILE INTOXICATED OR 

3 IMPAIRED. 

4 (a) IN GENERAL.—Chapter 1 of title 23, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 171. Sanctions for individuals driving with child 

8 passengers while intoxicated or impaired 

9 ‘‘(a) WITHHOLDING OF FUNDS FOR NONCOMPLI10 ANCE.— 

11 ‘‘(1) FISCAL YEAR 2022.—On October 1, 2021, 

12 the Secretary shall withhold 1 percent of the amount 

13 required to be apportioned to a State under each of 

14 paragraphs (1) and (2) of section 104(b) if the State 

15 does not meet the requirements of subsection (b) on 

16 that date. 

17 ‘‘(2) FISCAL YEAR 2023.—On October 1, 2022, 

18 the Secretary shall withhold 3 percent of the amount 

19 required to be apportioned to a State under each of 

20 paragraphs (1) and (2) of section 104(b) if the State 

21 does not meet the requirements of subsection (b) on 

22 that date. 

23 ‘‘(3) FISCAL YEAR 2024 AND THEREAFTER.—On 

24 October 1, 2023, and on October 1 of each fiscal 

25 year thereafter, the Secretary shall withhold 5 per26 cent of the amount required to be apportioned to a 


pamtmann on DSKBFK8HB2PROD with BILLS
3 

•HR 3008 IH

1 State under each of paragraphs (1) and (2) of sec2 tion 104(b) if the State does not meet the require3 ments of subsection (b) on that date. 

4 ‘‘(b) SANCTIONS.— 

5 ‘‘(1) IN GENERAL.—A State meets the require6 ments of this subsection if the State has enacted 

7 and is enforcing the following laws with respect to 

8 an individual who is charged with an offense of driv9 ing a motor vehicle, with a child passenger in the ve10 hicle, while intoxicated or while impaired by alcohol, 

11 drugs, or a combination of substances: 

12 ‘‘(A) A law that provides that the indi13 vidual may be charged with a felony subject to 

14 imprisonment for up to 4 years in connection 

15 with the offense. 

16 ‘‘(B) A law that requires the individual, if 

17 convicted of the offense, to install and maintain 

18 for at least 6 months an ignition interlock sys19 tem on any motor vehicle owned or operated by 

20 the individual. 

21 ‘‘(C) A law that suspends the State driv22 er’s license of the individual during the period 

23 of prosecution of the offense, except that the 

24 law may allow the individual— 


pamtmann on DSKBFK8HB2PROD with BILLS
4 

•HR 3008 IH

1 ‘‘(i) to operate a motor vehicle during 

2 that period, if the individual, prior to oper3 ating the vehicle, installs and maintains an 

4 ignition interlock system on the vehicle; 

5 and 

6 ‘‘(ii) to credit toward the 6-month pe7 riod referred to in subparagraph (B) any 

8 days during which the individual installs 

9 and maintains an ignition interlock system 

10 on a motor vehicle pursuant to clause (i). 

11 ‘‘(D) A law that— 

12 ‘‘(i) requires the individual, if con13 victed of the offense, to undergo an alcohol 

14 abuse, substance abuse, or mental health 

15 assessment; and 

16 ‘‘(ii) if the assessment indicates a 

17 need for treatment, authorizes the appro18 priate court (or monitoring agency) to re19 quire the individual to undergo treatment 

20 as part of the individual’s sentence in con21 nection with the conviction or as a condi22 tion for reissuance of a State driver’s li23 cense to the individual. 

24 ‘‘(E) A law that requires, if the individual 

25 is convicted of the offense and is the parent, 


pamtmann on DSKBFK8HB2PROD with BILLS
5 

•HR 3008 IH

1 guardian, or custodian of the child passenger or 

2 is otherwise legally responsible for the child 

3 passenger, the law enforcement agency that 

4 charges the individual with the offense or the 

5 appropriate court to file with the appropriate 

6 State register of child abuse a report on the in7 dividual concerning the offense. 

8 ‘‘(2) EXCEPTIONS.—The Secretary may treat a 

9 State that has enacted and is enforcing the laws de10 scribed in paragraph (1) as meeting the require11 ments of this subsection without regard to whether 

12 any of those laws waives the application of a sanc13 tion with respect to an individual who— 

14 ‘‘(A) is a sibling of the child passenger; or 

15 ‘‘(B) is under 21 years of age and is not 

16 a guardian of the child passenger. 

17 ‘‘(c) PERIOD OF AVAILABILITY OF WITHHELD

18 FUNDS; EFFECT OF COMPLIANCE AND NONCOMPLI19 ANCE.— 

20 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

21 FUNDS.—Any funds withheld under subsection (a) 

22 from apportionment to a State shall remain available 

23 for apportionment to the State until the end of the 

24 third fiscal year following the fiscal year for which 

25 the funds are authorized to be appropriated. 


pamtmann on DSKBFK8HB2PROD with BILLS
6 

•HR 3008 IH

1 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

2 AFTER COMPLIANCE.—If, before the last day of the 

3 period for which funds withheld under subsection (a) 

4 from apportionment are to remain available for ap5 portionment to a State under paragraph (1), the 

6 State meets the requirements of subsection (b), the 

7 Secretary shall, on the first day on which the State 

8 meets the requirements of subsection (b), apportion 

9 to the State the funds withheld under subsection (a) 

10 that remain available for apportionment to the 

11 State. 

12 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE13 QUENTLY APPORTIONED FUNDS.—Any funds appor14 tioned pursuant to paragraph (2)— 

15 ‘‘(A) shall remain available for expenditure 

16 until the end of the third fiscal year following 

17 the fiscal year in which the funds are so appor18 tioned; and 

19 ‘‘(B) if not apportioned at the end of that 

20 period, shall lapse. 

21 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the 

22 end of the period for which funds withheld under 

23 subsection (a) from apportionment are available for 

24 apportionment to a State under paragraph (1), the 


pamtmann on DSKBFK8HB2PROD with BILLS
7 

•HR 3008 IH

1 State does not meet the requirements of subsection 

2 (b), the funds shall lapse. 

3 ‘‘(d) DEFINITIONS.—In this section, the following 

4 definitions apply: 

5 ‘‘(1) ALCOHOL CONCENTRATION.—The term 

6 ‘alcohol concentration’ means grams of alcohol per 

7 100 milliliters of blood or grams of alcohol per 210 

8 liters of breath. 

9 ‘‘(2) CHILD.—The term ‘child’ means an indi10 vidual younger than 16 years of age. 

11 ‘‘(3) DRIVING WHILE INTOXICATED.—The term 

12 ‘driving while intoxicated’ means driving or being in 

13 actual physical control of a motor vehicle in a State 

14 while having a blood alcohol concentration or breath 

15 alcohol concentration of .08 or greater. 

16 ‘‘(4) IGNITION INTERLOCK SYSTEM.—The term 

17 ‘ignition interlock system’ means a system that— 

18 ‘‘(A) is designed to prevent an individual 

19 from starting a motor vehicle when the individ20 ual’s breath alcohol concentration is at or above 

21 a preset level; 

22 ‘‘(B) has a camera technology to verify the 

23 user of the system; and 

24 ‘‘(C) is certified by the State concerned. 


pamtmann on DSKBFK8HB2PROD with BILLS
8 

•HR 3008 IH

1 ‘‘(5) MOTOR VEHICLE.—The term ‘motor vehi2 cle’ means a vehicle driven or drawn by mechanical 

3 power and manufactured primarily for use on public 

4 highways, except that the term does not include a 

5 vehicle operated solely on a rail line or a commercial 

6 vehicle. 

7 ‘‘(6) STATE DRIVER’S LICENSE.—The term 

8 ‘State driver’s license’ means a license issued by a 

9 State authorizing an individual to operate a motor 

10 vehicle on public highways. 

11 ‘‘(e) EDUCATION.—The Administrator of the Na12 tional Highway Traffic Safety Administration, using exist13 ing funds, shall carry out programs and activities to edu14 cate States on the impact of child endangerment penalties 

15 for individuals who drive a motor vehicle, with a child pas16 senger in the vehicle, while intoxicated or while impaired 

17 by alcohol, drugs, or a combination of substances.’’. 

18 (b) CLERICAL AMENDMENT.—The analysis for chap19 ter 1 of title 23, United States Code, is amended by add20 ing at the end the following: 

‘‘171. Sanctions for individuals driving with child passengers while intoxicated 

or impaired.’’. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS